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Nov 03, 2016 News
The Bartica Massacre began yesterday with the commencement of a Voir Dire (trial within a trial) to inquire into the circumstances under which an alleged caution statement was given by one of the accused.
The state being led by Prosecutor Diana Kaulesar and Simone Giddings is now left to prosecute Dennis Williams, called ‘Anaconda’; Mark Royden Williams, called ‘Durant’ and Anthony Simon, called ‘Goat Man’ for 12 counts of murder.
This is as a result of co-accused Michael Caesar, called ‘Capone’ and Clebert Reece pleading guilty to 12 counts of manslaughter before Justice Roxanne George at the High Court in Georgetown, earlier this week.
The guilty pleas by Caesar and Simon resulted from bargains they struck with the state. Both men will be sentenced on December 16.
On Tuesday, 12 murder indictments were read to Dennis Williams, Mark Williams and Anthony Simon after the empanelment of a 12-member mixed jury. The accused denied the allegations.
Mark Royden Williams and Anthony Simon are being represented by Attorneys Roger Yearwood and Peter Hugh respectively.
Justice George ordered the Voir Dire after facilitating legal arguments by the defence and prosecution.
Jurors were instructed to exit the courtroom. Police Inspector Suraj Singh and Superintendent Trevor Reid were called to give evidence.
The matter continues today.
Before the start of the Voir Dire, Prosecutor Kaulesar gave a synopsis of the State’s case. She said that the accused are jointly charged with the capital offence. She said that on February 17, 2008 heavily-armed gunmen struck terror in Bartica while persons were engaged in watching a cricket match.
Kaulesar told the court that the armed men went on a shooting spree at the Bartica Police Station, where they killed three police officers and injured others, before fleeing with cash and arms and ammunition belonging to the Guyana Police Force. The prosecutor added that the gunmen later went into the village and killed several others. She said that before the men escaped via river, they shot and killed five men at a stelling.
Prosecutor Kaulesar also informed the jurors as to their roles in the trial.
The prosecutor advised the jurors to refrain from being biased or prejudicial in their decision. The jurors were told to listen keenly to the testimonies of witnesses, and that they are allowed to assess the demeanour of the witnesses.
According to Kaulesar, no two witnesses will express an ideal occurrence. She added that there might be minor inconsistencies in the testimonies of witnesses which should not affect the truth. Pointing out that the incident occurred over eight years ago; the prosecutor stated that it might be difficult for witnesses to give detailed testimony. She advised that is possible for circumstantial evidence to arise during the trial, where conclusions are drawn from what is observed.
Prosecutor Kaulesar informed the jurors that they will be given a chance to question witnesses and they will be guided on legal issues by the judge.
The stage was set for the Bartica Massacre trial last month.
However, a constitutional move to have the matter tried outside the Essequibo district stalled its commencement.
A Preliminary Inquiry (PI) into this matter was heard in the Magistrate’s Court before Magistrate Fazil Azeez. A total of 37 witnesses including police ranks and civilians were called to testify.
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